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(영문) 인천지방법원 2020.01.29 2019고단8498
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 29, 2008, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's Branch Branch.

The defendant is a person who is engaged in driving a B M& car.

Although the Defendant had the power of violating the prohibition of driving under the influence of alcohol as above, the Defendant driven the said car under the influence of alcohol level of 0.169% on September 26, 2019, and driven the said car to E from the direction of the 119 Safety Center at the Jung-gu Incheon Metropolitan City, while driving the said car under the influence of alcohol level of 0.169%.

At all times, the G Scma car driven by the injured FF (the age of 42) was under stop under the stop signals, and thus, the person engaged in the driving of the motor vehicle had a duty of care to thoroughly operate the steering gear and the brakes properly to prevent the accident.

Nevertheless, due to the negligence that the Defendant, while under the influence of alcohol, continued to drive in a state where normal operation is difficult, suffered from the injury of the victim F by taking back the back part of the said Amama passenger vehicle as the front part of the said Ama passenger vehicle and taking about 20 days to the victim F, such as the culp base, which requires treatment for about 20 days, the victim H (WW, 45 years old) who was boarding the said Ama passenger vehicle, such as the culp base, which requires treatment for about 2 weeks, and the injury such as the culp base, etc. to the same victim I (the age of 40) in need of treatment for about 2 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements prepared in F;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Each written diagnosis;

1. Previous records of judgment: Application of inquiry reports, such as criminal records, and investigation reports (report on confirmation of criminal records of the same kind of crime as a suspect);

1. Violation of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving): The Road Traffic Act as provided for in Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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